Jump to content


lisajayne79

Help please, late payment hell with Alliance and Leicester after Bank charges claimed

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3527 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

During April 2007 I sucessfully claimed back bank charges of £2840 from Alliance and leicester! Hurrah! However, i am beginning to wish I hadn't! I got the usual "we will be closing your account" letter as a punitive retaliatory measure, with the date of closure of 21st May 2007. I begged them to keep the account open and they point blank refused, so I opened another account, a basic account with Abbey, and withdrew my remaining cash from alliance and leicester. I then moved house, about 3 weeks later, and when I checked my credit file in november 2007 I saw that there were 90day late payments being marked on an "Active" alliance and leicester account! Now this i believed was due to the £100 overdraft I had, so I worte to them asking them to send me details of what was owed and I would arrange payment... no response. I worte again several times during early 2008 and still got no response, other than a letter in September 2008 thanking me for my change of address letter?! Anyway, to cut a long story short, they have not once, in the 2+ years since I started trying to contact them, ever written to me asking for any money, or even told me I owed any money. Have been on electoral role since september 2007 and have written numerous letters saying I would like to know hwat was owed and the balance etc. I have had not one single letter saying I owe a penny. And after contacting my MP, the ball has started rolling. I went into teh local branch and after a long ordeal managed to get them to override their system so that I could pay in £100 to my old account. I contacted A&L and requested the 90 day late payments (which are still being added each month) to be removed, as I had tried to resolve this for over two years. They initially worte saying because I did not tell them my change of address at the time, it had gone to a recovery agency. Now I am well aware that had it gone to a debt collector in 2007, they would have found me on the electoral register - and if not, I would probably have a CCJ showing. I have tried and tried to get this payed / resolved for nearly two years and all I am asking now is that they remove the 24+ late payments from my file as I have being trying to sort this for over two years etc. Anyway, this is the last letter I sent to them, and copied my MP, the CEO of A&L, the chairman of A&L etc.

 

Dear Mr Powell,

 

First of all, may I thank you for your speedy response with regards to my complaint. I have enclosed my telephone number should you wish to discuss this in person.

 

I fully appreciate the time taken to contact me with regards to this distressing matter, however I am still unhappy with the response I have received and I hope to explain my concerns below.

 

On paragraph three of your letter, dated 22nd September 2009, you state that you “have been unable to find any copy of correspondence in which Alliance and Leicester advised you that your current account would be closed on 21 May 2007. In addition, I can see that you continued to authorise payments on this account beyond this date, and without sufficient funds to cover them”.

 

I enclose a copy of a letter from Jackie McGuirk of Alliance and Leicester, dated 18th April 2007. You will note the last paragraph states “As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation”.

 

A few days after receipt of this letter, I received another letter stating that my account would be closed on 21st May 2007 as I did not accept the terms and conditions of the account. My biggest regret being I do not have a copy of this letter as it was lost during my subsequent house move. Upon receipt of this letter I immediately telephoned Alliance and Leicester Customer Services to request that they would keep my account open as I needed to be able to have my salary deposited. I was categorically informed that under no circumstance would my account be left open, and even when I asked to open another basic Cash Card account to have my wages paid into I was told, and I quote “under no circumstance will we allow you to continue to bank with us now or in the future”. I questioned this and was told “this is Alliance and Leicester’s stand point when you claim back bank charges”.

 

I urge you to consider the above information and note that the correspondence I received, along with the lengthy telephone call, leads me to fully believe that the account in question would be closed, no questions asked. Therefore I did not knowingly allow any transactions to take place on this account, as I was totally unaware that the account would in fact be left open.

 

In fact I then opened a Basic Abbey Account and began using this account to have my salary paid into and pay all my direct debits etc.

 

I did move home in June 2007 and did not feel the need to inform Alliance and Leicester of this, because, as far as I was concerned I had no active accounts with Alliance and Leicester, mitigating the need to inform you of my address changes. However, I have been fully registered on the electoral register since September 2007. Your letter also states that you issued “Debt Recovery Action” against me in November 2007, of which I was also unaware. However, through research and talking to colleagues / friends who have been through debt recovery, it seems unusual that I was not “found” by the debt recovery agency as I was on the electoral register and also that even after my numerous letters to Alliance and Leicester, I received no correspondence requesting / suggesting that I owed any money. In fact I found this information on my credit file and contacted yourselves in 2008 many times asking for you to let me know what was owing and a breakdown of this so I could arrange payment. I refer you to the letter dated 3rd September 2008. This letter suggest I wrote to inform you of a change of address, when in fact, although I had a new address, the letter I wrote prior, was asking for information on any monies owing and offering to pay.

 

Since September 2008 I have had no correspondence requesting any payments, even though I have repeatedly tried to contact yourselves in writing regarding this.

 

In desperation I went into my local branch and paid £100, which was a lengthy affair as the account was “inactive”. And have subsequently contacted my Local MP, Mr Henry Bellingham to ask for help as I am becoming further and further mentally and emotionally distressed.

 

Due to the negative entries on my credit file, which I feel are through no deliberate fault of my own, I cannot open a current account, I cannot get a loan, and worst of all a mortgage. I have been trying to resolve this for over 2 years now and it has taken action from my local MP, for which I am extremely grateful, to even get responses regarding these affairs. My credit file is being damaged as you have been reporting defamatory information, which I believe to be unjust, based upon the above details, and this will now continue to be held against me for the next seven years which I believe is wholly unfair and unjustified, bearing in mind the lengths I have gone to for the past two years to try and sort this out. If you wish to obtain a copy of my credit report, you will see that I have operated all my other credit accounts impeccably over the past two years and realise that I would have actioned this as a matter of urgency had I had any correspondence previously.

 

As a gesture of good will, please would you remove any negative entries on my credit file, and help us all move on from this situation. I am getting increasingly distressed and depressed but I will continue to escalate this matter, to the Financial Services Ombudsman and beyond if necessary.

 

I hope that we can reach an agreement.

 

Now... They have just written to me saying that they can find no record of ever telling me my account would be closed - which is BS, and unfortunately I do not have a copy. Also they say that it is my fault for not telling tthem my address change - which I did in 2007 after seeing my credit file.

 

I really need these marks removed, I can't get a current account, or mortgage or anything with these marks on my file. All my other dredit agreements, my one credit card, my mail order catalogue and my car finance agreement have been paid on time for the entire length of the accounts. Not one missed or late payment at all... Please does anyone know what else I can do, they are ruining my life! I have heard people taking it to the financial ombudsman but recently I hear they are ruling on favour of the banks.... please any advice would be great. :(

Share this post


Link to post
Share on other sites

Hi,

While I can't answer all your queries, there are a few things you can do.

 

1. Write to the CRA with a notice of correction. You can put up to 200 words to explain what you consider the problem to be.

 

2. I would complain to the Information Commissioner. You can do this online although it is a bit complicated if you want to upload copies of letters to back up your complaint. Here is the link:

 

Complaints about data protection policy - ICO

 

3. Send off a SAR to A&L. One link:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

This costs £10, Send it recorded delivery. Unfortunately it takes up to 40 days for them to respond (and sometimes longer) I would advise giving them as much information about your identity as possible as they will slow down your application otherwise.

 

The address you need to send the SAR to is:

 

Data Protection Officer

Group Compliance

Alliance & Leicester Plc

Carlton Park

Narborough

Leicester

LE19 0AL

 

Hopefully they will send back a copy of the letters you have mislaid.

I would also ask for all transcripts of phone calls.

 

That should keep you going for a while. :)

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Hi SilverFox,

 

Thanks so much for the advice! I will get on with writing a SRA letter and by contacting the informations comissioner asap! It seems so petty that they are doing this to me... I am beginning to get pretty stressed out as nothing I do seems to be working!

 

Have you heard of anybody winning in similar situations?

Share this post


Link to post
Share on other sites

If it can be proved that the bank are in the wrong then it's a slam dunk. The only problem is in the proving. Once you get your SAR back, scrutinise it carefully especially any screenshots they send as this could be crucial in proving letters sent

 

I would also make a formal complaint to A&L as you need to go through this before the Financial Ombudsman can get involved.

With any complaint, try to keep the points as brief as possible, I.E Bullet points. Send this to A&L. The address is here:

 

Complaint handling - Alliance & Leicester

  • Haha 1

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Hi

 

I have made a formal complaint to A&L, via my local MP and also directly to their CEO etc. and they will not budge, they are saying that they will not remove the negative entries, and that it is my fault! Even though I wrote to them in 2007 and month on month since then! I will let you know how i get on, thanks for all your advice, it's nice to not feel so alone! Started filling in ICO form... am not giving up without a fight!:p

Share this post


Link to post
Share on other sites

Can you sue them? A court hearing would take about 3 months to arrange and they may not wish to attend.


Its WAR

Share this post


Link to post
Share on other sites

Hi Silverfox, You make mention of screenshots in your reply above, can you tell me what this is? I have my sar report from A an L, they are claiming they sent me letters i didnt receive.

Thanks

 

Toasted

Share this post


Link to post
Share on other sites

Morning.

 

When you asked for your SAR, part of it was manual intervention notes. These are where someone has physically wrote notes on your file. These show up as screenshots with codes alongside them. You should have got a code list which deciphers what the codes mean. Most of the time it's just a press of a button that puts some info on your file but sometimes they actually put notes of phone calls made and conversations had.

 

If they are stating that they have sent you letters and it doesn't show up on the pages then I would question their truth.

 

Unfortunately. it is common practice for banks and credit card companies to state they have sent something when in actual fact they have likely forgotten to do so and then start to cover their backs with statements like that.

 

All I can advise is to scrutinise the screenshots and decode what it all means.

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Thank you Fox,

 

I am attaching the actual notes sent, which do include blank template letters listed that they say they sent. The ones I did not receive are all those after 20th October 2008. They cannot provide copies of the actual letters, just the blank templates. How will the court view their evidence?sar report_0001.pdf

 

Many thanks

 

Toasted

Share this post


Link to post
Share on other sites

Toasted, ALL your details are on the document but at least it saves the time of guessing whether you are male or female though ;)


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Share this post


Link to post
Share on other sites

Yes, i Know, yourbank I couldnt work out how to take them off! Any advice on what it all means! Will the court take that as evidence the letters were sent? This seems to be crucial in assessing my chances of success.

 

Cheers

 

Toasty

Share this post


Link to post
Share on other sites

It also provides who sent want with regards to accessing the account.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Share this post


Link to post
Share on other sites

Hi Yourbank, I dont quite understand your reply, are you saying the report records the individual member of staff who allegedly sent the letters? Will I have to call the staff member so I can cross examine them ?

 

Cheers

 

Toasty

Share this post


Link to post
Share on other sites

Apologies, I missed the fact that i used the word "want" where the right word was "what".

The answer is no with regards to calling them as witnesses.

With regards to letters sent I would assume it would be proof of letters sent but not necessarily that they were received by you.

 

Are we talking court for bank charges?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Share this post


Link to post
Share on other sites

Yes, the whole 'Debt" is bank charges. but they have written them off so i am not trying to claim anything back. I have issued proceedings primarily to have the default removed from my credit record, but also damages under the DPA . The crux is that I didn't receive notice of them closing my account or defaulting me. wouldnt they have to keep copies of these important letters?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...